Law and Human Immunodeficiency Syndrome Essay Example | Topics and Well Written Essays - 1000 words

Law and Human Immunodeficiency Syndrome - Essay Example Blood transfusion involves two stages diagnosis and therapy. Diagnosis aims to find out whether there is a need for blood transfusion while therapy is the physical process of blood transfusion. Most cases normally arise when a patient claims to have contracted HIV/AIDs because of blood transfusion. When this occurs, it is certain there was no proper blood test or proper screening of the donor. In such circumstances, the plaintiff has to show that the defendant acted negligently and because of this negligence, he was injured. In Roberts v. Subaru Hospital Association, it was held by the Maryland Court of Special Appeals that transfusion of blood was a service rendered and not a seller of the product. The court stated that â€Å"A transfusion is not just a sell of blood which the patient takes home as a package. The transfusion of the blood-the injecting of it into the patient`s bloodstream-is what he really needs and pays for, and that involves the application of a medical skill.â₠¬  There have been developed state laws that protect the confidentiality of HIV/AIDS-related information. Information concerning a patient`s diagnosis of HIV positive must not be disclosed and can only be disclosed to other healthcare professionals if need be. Disclosure of one`s HIV status violates his/her rights to privacy concerning their personal affairs. In Estate of Behringer v. Medical Center at Princeton, the plaintiff, a surgeon was entitled to damages for unauthorized disclosure of his status at the hospital.